Psychiatrist Error Could Stall Trial

April 18, 1990|By Terry Wilson.

A psychiatrist`s error may have stalled the trial of a Park Ridge man charged with firing a gun through a wall and killing a neighbor in an apartment across the hall, the man`s defense attorney said Tuesday.

The psychiatrist was asked to determine whether Kenneth Rossobillo, 40, was sane when the shooting occurred, but instead the psychiatrist made a finding on Rossobillo`s fitness to stand trial.

``There was a miscommunication somewhere,`` said Assistant State`s Atty. Bonnie Phemister during a court recess in Rossobillo`s case Tuesday afternoon.

A hearing will be held Wednesday to determine if an extended fitness hearing will be scheduled for Rossobillo.

Rossobillo, who lived in a condominium at 2400 Archbury Lane, is charged with fatally shooting Charles W. Kenny, 79.

Rossobillo opened fire with a rifle in his apartment around 3:50 a.m. on Feb. 28, police said. One bullet pierced several walls before striking Kenny in the bathroom of his apartment across the hall.

During a recent court hearing lawyers prepared an order to the Cook County Psychiatric Institute requesting that a psychiatrist determine whether Rossobillo was sane at the time of the shooting.

Prosecutors said the order might have been poorly worded and difficult to understand.

The psychiatrist, Dr. Mathew Markos, received the case. But instead of determining sanity, Markos conducted a different kind of evaluation and found Rossobillo unfit to stand trial.

Markos said Rossobillo is suffering from major depression and cannot cooperate and assist his lawyer, according to court testimony.

The finding, which was announced in the Skokie courtroom of Judge Gerald Rohrer, angered Rossobillo`s lawyer, Michael Saken, who argued that his client is fit to stand trial.

``He can understand what is going on, and he is helping me,`` Saken said of Rossobillo. ``He understands everything.``

To be deemed fit for trial, a defendant must be able to understand court proceedings and assist his lawyer.

Defendants deemed unfit are placed involuntarily in psychiatric institutions, and all court proceedings are suspended until they are found fit, lawyers said. That might take years.

``He was insane at the time it happened,`` said Saken, who before the finding was announced had said he would try to take the case to trial within 30 days.

``If he is found (innocent) of the charges because he is insane, then he gets treatment. Then he gets his life,`` Saken said.

Saken said that if Rossobillo is involuntarily committed until he is deemed sane, a jury later probably would deem him insane.

``You`ve gotten nowhere and you haven`t helped him at all,`` Saken said.

Rossobillo, who also was charged with possession of a controlled substance, is being held in Cook County Jail without bond.